Citation Nr: 21030013
Decision Date: 05/17/21	Archive Date: 05/17/21

DOCKET NO. 18-00 101
DATE: May 17, 2021

REMANDED

Entitlement to an initial compensable rating for traumatic brain injury residuals is remanded.  

REASONS FOR REMAND

The Veteran had active service from May 1974 to May 1978.  The Veteran appeared at an April 2021 virtual hearing before the undersigned Veterans Law Judge.  A hearing transcript is of record.  

Entitlement to an initial compensable rating for traumatic brain injury residuals is remanded.  

The Veteran asserts that an initial compensable rating is warranted for the service connected traumatic brain injury residuals.  

A November 2019 Social Security Administration (SSA) administrative law judge decision states that the Veteran was determined to be disabled for SSA purposes.  Documentation of the Veteran's SSA award of disability benefits, and the evidence considered by the SSA in granting the Veteran's claim is not of record.  The Department of Veterans Affairs' (VA) duty to assist the Veteran includes an obligation to obtain the records from the SSA.  Masors v. Derwinski, 2 Vet. App. 181 (1992).  

At the April 2021 Board hearing, the Veteran testified that he did not receive any private or VA treatment for service-connected traumatic brain injury residuals.  He stated that he would not appear for a VA examination conducted by either VA or private examiners.  

The matters are REMANDED for the following action:

Contact the SSA and request that documentation of the Veteran's award of disability benefits and copies of all records developed in association with the decision.  

 

 

Harvey P. Roberts

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. T. Hutcheson, Counsel

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.